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2008 FPCA Legislative Report

FPCA INITIATIVE:

CRIMINAL JUSTICE STANDARDS AND TRAINING TRUST FUND: FPCA supports the efforts of the Criminal Justice Standards and Training Commission to properly train Florida's law enforcement officers through increased funding of the CJST Trust Fund. Therefore, the FPCA advocates an increase in fees from fines.

    Result: Embarking upon the second year in which FPCA has attempted to pass this legislation, we met with the Governor’s Office early in the legislative process in order to negotiate compromise language to ensure that the he would sign the bill this year, as opposed to having it vetoed once again. We agreed only on raising the court costs on criminal infractions from $3 to $5.

    Representative Ron Reagan (R-Sarasota) and Senator Charlie Dean (R-Inverness) were the sponsors of our legislation (House Bill 869 and Senate Bill 1110). Subsequently, we were successful in passing the Senate version through the Committees on Criminal Justice (7-Yes 0-No), Judiciary (9-Yes and 0-No) and Finance & Tax (4-Yes 0-No). We also were successful in passing the House version through the Committee on Courts (6-Yes 0-No) and the Safety and Security Council (14-Yes 0-No).

    Unfortunately, during budget negotiations, the Legislature decided to raise the exact Court Costs our legislation was designed to raise in order to fund budget deficits in the Judicial Branch. At that point, our bill conflicted with balancing the budget and was, essentially, dead. We endeavored numerous times to achieve a compromise, or to revive our legislation, but our issue was considered secondary to the goal of balancing the budget, which is the only constitutional mandate that Florida’s Legislature is required to accomplish during its 60-day session.

FPCA SUPPORTS:

PRIMARY SEATBELT ENFORCEMENT: FPCA supports legislation authorizing primary enforcement of seatbelt violations.

    Result: Legislation relating to primary enforcement of seatbelt violations did not pass this year.

BULLET RESISTANT MATERIALS: FPCA supports legislation prohibiting the possession of bullet resistant materials by Felons and delinquents.

    Result: During the 2008 Session, the following bill was passed in support of this goal:

    CS/CS/HB 43 by Representative William Snyder (R-Stuart) and Senator Jeff Atwater (R-North Palm Beach) creates s. 790.231, F.S., which makes the possession of a bulletproof vest a third degree felony for anyone who has been:
      • Convicted of a felony in the courts of Florida
      • Found by a Florida court to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age
      • Convicted of, or found to have committed, a crime against the United States which is designated as a felony
      • Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult, and which is punishable by imprisonment for a term exceeding one year, and such person is under 24 years of age
      • Convicted of, or found to have committed an offense that is a felony in another state, territory, or country, and which was punishable by imprisonment for a term exceeding one year; or
      • Found, pursuant to s. 874.04, F.S., to have committed any offense for the purposes of benefitting, promoting, or furthering the interests of a criminal gang

    The bill specifies that the bulletproof vest prohibition does not apply to:

      • Persons convicted of a felony whose civil rights have been restored; and
      • Persons who are authorized to possess a bulletproof vest by law enforcement officials, prosecutorial authorities, or the court, for the purpose of aiding in the investigation of criminal activity

RED LIGHT CAMERAS: FPCA supports legislation that enables enforcement action based on red light cameras.

    Result: The original versions of the 2008 red light camera bills were SB 816 by Senator Mike Bennett (R-Bradenton) and HB 351 by Representative Ron Reagan (R-Sarasota).

    Both bills evolved substantially over the course of the 2008 Session to the point where the legislation could be considered to have been diluted substantially. Although both of these bills died during the final weeks of the Session, their substance surfaced within some large transportation bills before its close. Ultimately, the red light language did not pass the Legislature, because the House did not want to pass the diluted version, of which the Senate was in favor.

    We believe this issue is almost certain to be addressed again next year.

MISSING PERSONS: FPCA supports legislation ensuring the timely reporting and identification of missing persons.

    Result: SB 502 by Senator Lee Constantine (R-Altamonte Springs) and HB 223 by Representative Evan Jenne (D-Davie) passed the Florida Legislature and creates a section for ch. 937, F.S., that defines the terms of "a missing adult," "missing child," and "missing endangered person." The bill amends s. 937.021, F.S., making its provisions applicable not only to missing children, but also to missing adults. It also:

      • Requires law enforcement agencies to adopt written policies regarding the procedures to be used to investigate reports of missing children and adults, and provides that an entry concerning a missing child or missing adult may not be removed from the criminal databases solely on the basis of the age of the missing person
      • Provides that a missing child or adult report must be filed with, and accepted by, the law enforcement agency with jurisdiction in the locale where the person was last seen
      • Clarifies that a law enforcement agency must transmit a report of a missing child to the state and federal criminal databases within two hours of receipt of the report, and also must transmit a credible report of a missing adult to the databases within two hours of receipt of the report
      • Provides a similar immunity to individuals who release information during an AMBER Alert to those who release information and photographs pertaining to missing adults
      • Provides that if a missing child or missing adult is not located within 90 days, the law enforcement agency that accepted the report must pursue DNA analysis
      • Requires the Florida Department of Law Enforcement (FDLE) to adopt rules establishing procedures for DNA analysis in cases involving missing children and missing adults, and specifies that the DNA provisions of the bill are contingent upon the availability of federal funding
      • Amends s. 937.022, F.S. by renaming and expanding the scope of the existing Missing Children Information Clearinghouse (Clearinghouse) to include all missing endangered persons as defined by the bill
      • Addresses how reports are to be submitted to the clearinghouse, and requires the law enforcement agency with jurisdiction to notify the Clearinghouse immediately and purge the databases upon location of a missing, endangered person

OFFENDER MONITORING: FPCA supports legislation that requires high risk offenders not in confinement to be subject to continuous electronic monitoring using a system that reports the offenders' presence near a crime scene, entrance into prohibited areas, and departure from a geographical area(s) where their presence is limited.

    Result: No legislation requiring additional electronic monitoring was passed during the 2008 Legislative Session.

ADEQUATE FUNDING OF THE JUVENILE JUSTICE SYSTEM: FPCA supports and urges the Legislature to sufficiently fund all aspects of the juvenile justice system to include diversion, assessment centers, treatment, pretrial detention and commitment programs.

    Result: Facing huge revenue shortfalls for Fiscal Year (FY) 2008-’09, the Florida Legislature appropriated $66.2 billion for Juvenile Justice, representing a $5 billion decrease from FY 2007-‘08. The Florida Department of Juvenile Justice (DJJ) survived drastic budget cuts during 2008. The majority of the cuts to DJJ came in the area of residential beds funding. Because the number of children committing crimes has fallen over the last few years, DJJ had a surplus of unutilized residential beds. The Juvenile Assessment Centers (JACs) originally were slated for a $3 million cut, which would have completely shut many of them down. However, during the budget negotiations, this reduction was reduced to just over $300,000.

CRIMINAL GANGS (HB43/SB76): FPCA supports legislation to strengthen the gang statute by prohibiting felons from possessing bulletproof vests, using electronic communication (internet) for benefiting or promoting gang activity and creates a civil cause of action for the state to sue criminal gang members.

    Result: House Bill 43 and Senate Bill 76 were part of the legislative package being advocated by Florida Attorney General Bill McCollum. On June 20, 2007, the Eighteenth Statewide Grand Jury was impaneled to investigate the growing problem of gang violence in Florida. In its final form, CS/CS/HB 43 makes a variety of changes to Florida law relating to criminal gangs, encompassing many of the Statewide Grand Jury’s January 2008 recommendations. The bill renames chapter 874, F.S., as the "Criminal Gang Prevention Act" and replaces the term "criminal street gang" with "criminal gang" throughout the Chapter and other referencing statutes. The bill makes it a crime for a person to:

      • Knowingly initiate, organize, plan, finance, direct, manage, or supervise criminal gang-related activity
      • Use electronic communication to further any criminal purpose, to intimidate or harass other persons, or to advertise his or her presence in the community for a gang-related purpose
      • Possess or manufacture any unlawfully-issued identification document for a gang-related purpose
    The bill also:

      • Provides additional registration requirements for felons convicted of gang-related offenses and a penalty for failing to comply with such requirements
      • Provides enhanced penalties if it is found that a defendant committed an offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang
      • Creates a third degree felony for certain felons and delinquents to possess a bulletproof vest and increases the penalty for certain felons who have been found to have committed a gang-related offense to possess a firearm
      • Requires courts to suspend the driver's license of persons convicted of criminal gang-related offenses
      • Adds criminal gang-related duties to the Florida Violent Crime and Drug Control Council and creates the Drug Control Strategy and Criminal Gangs Committee within the Council
      • Creates community supervision conditions prohibiting certain offenders from communicating with criminal gang members, except as authorized for the purpose of aiding in the investigation of criminal activity
      • Adds to the list of items a court must consider when determining whether to release a defendant on bail or other conditions and amends the penalties for tampering and harassing witnesses
      • Authorizes the court to order the posting of a surety bond to secure the appearance of a person on community supervision at subsequent court proceedings

MARIJUANA GROW HOUSE ERADICATION ACT (HB173/SB390): FPCA supports this act to make owning a house used for cultivating, packaging and distributing marijuana a third degree felony, making it a second degree felony to grow 25 plants (current state law sets the threshold at 300 plants) and increases penalties for growing or concealing drugs near children.

    Result: HB 173 sponsored by State Representative Nick Thompson (R-Ft. Myers) and SB 390 by Senator Steve Oelrich (R-Gainesville) passed during the 2008 Legislative Session. Section 893.1351, F.S. provides that a person may be convicted of a third degree felony who leases or rents any place, structure, or part thereof, trailer, or other conveyance, with the knowledge that such place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance or the sale of a controlled substance. The bill further expands this offense to include owning, as well as leasing or renting any place, structure, trailer or conveyance w ith the knowledge that it will be used for the purpose of manufacture of a controlled substance intended for sale or distribution to another.

    The bill provides that a person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer or any conveyance with the knowledge that the place, structure, or part thereof, trailer or conveyance will be used for the purpose or trafficking in a controlled substance, the sale of a controlled substance or the manufacture of a controlled substance intended for sale or distribution to another. This offense will be a second degree felony.

    HB 173 further provides that a person who is found to be in actual or constructive possession of a place, structure, trailer or conveyance, with the knowledge that the place, structure, trailer or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer or conveyance commits a first degree felony.

    In the prosecution of an offense involving the manufacture of a controlled substance, HB 173 also provides that a photograph or video recording of the manufacturing equipment used in committing the offense may be introduced as competent evidence of the existence and use of the equipment and is admissible in the prosecution of the offense to the same extent as if the property were introduced as evidence. After a law enforcement agency documents the manufacturing equipment by photography or video recording, the manufacturing equipment may be destroyed on site and left in disrepair

WEAPONS AND FIREARMS (HB425): FPCA supports legislation to increase the penalties for acquiring a firearm by fraud and for injuring or killing someone with an assault weapon.

    Result: This legislation was never heard in a committee in the House, and passed one committee in the Senate.

FPCA OPPOSES:

PAROLE BOARD: FPCA opposes the elimination of the Parole Board from its current configuration.

    Result: Although there was some interest by a few House members to eliminate the Parole Commission, it was funded and will remain intact.

ADMINISTRATIVE INVESTIGATIONS: FPCA opposes any legislation that limits the ability of law enforcement managers to conduct internal and/or administrative investigations as a responsible matter of obligation to the public trust to maintain the highest standards of ethics in government.

    Result: No legislation passed this year relating to administrative investigations.

CUSTODIAL INTERROGATIONS: FPCA opposes any legislation that limits the introduction into a court of law any evidence that would provide a jury the ability to evaluate all issues, inclusive of confessions and admissions.

    Result: No legislation passed this year relating to custodial interrogations.

DART FIRING STUN GUNS: FPCA opposes any limitations on the proper deployment of non-lethal weapons such as electronic control devices (stun guns) used to deescalate violence on school grounds or other arbitrary considerations.

    Result: There was no legislation this year relating to stun guns or tasers.

OTHER LEGISLATION OF FPCA INTEREST:

CS/HB 399 - Financial Management by Local Governments   (FAILED)
HB 501 - Special Risk Class Retirement Benefits   (FAILED)
CS/SB 1588 - Property Taxation   (PASSED)
HB 5059 - State Agency Law Enforcement Radio System Trust Fund   (PASSED)
HB 85 - Lewd or Lascivious Molestation   (PASSED)
CS/SB 1792 - Criminal History Information   (PASSED)
CS/SB 1988 - Drivers' Licenses/Suspended, Revoked, or Canceled   (PASSED)
CS/SB 1588 - HB 7113 - Department of Law Enforcement   (PASSED)
CS/HB 151 - Radio Equipment Using Law Enforcement Frequencies   (PASSED)
HB 61 - Offenses Against Officers   (PASSED)
CS/HB 225 - Telephone Caller Identification   (PASSED)
HB 313 - Dating Violence   (PASSED)
CS/HB 321 - Murder of Law Enforcement Officers   (PASSED)
CS/HB 537 - Offense of Voyeurism   (PASSED)
CS/SB 1008 - Failure to Redeliver Hired Vehicles   (PASSED)
CS/HB 1363 - Controlled Substances   (PASSED)
CS/HB 1417 - Counterfeit Goods   (PASSED)
HB 5059 - Disposition of Traffic Infractions   (PASSED)

For additional information on Senate Bills, please Click Here.

For additional information on House Bills, please Click Here.

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